SHe-Box vs. Internal IC: Navigating PoSH Compliance in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 'PoSH Act') mandates the constitution of an Internal Committee (IC) in every organization employing ten or more employees. As per Section 4 of the PoSH Act, the IC is the primary mechanism for receiving and addressing complaints of sexual harassment within the workplace. The IC is responsible for conducting inquiries, making recommendations, and ensuring the implementation of its findings. Its composition, powers, and procedures are meticulously laid out in the Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter referred to as the 'PoSH Rules').

The IC's core functions include:

• Receiving complaints of sexual harassment.
• Conducting a fair and impartial inquiry into each complaint received.
• Providing a fair hearing to the complainant and the respondent.
• Making recommendations to the employer for action against the perpetrator.
• Recommending interim measures to protect the complainant.
• Ensuring confidentiality throughout the process.

SHe-Box (Sexual Harassment Electronic Box) is an online platform launched by the Ministry of Women and Child Development, Government of India. It serves as a unified platform for women to lodge complaints of sexual harassment, irrespective of their employment status or location. While the PoSH Act mandates the establishment of an IC, SHe-Box acts as an additional layer of accessibility and oversight.

Key features of SHe-Box include:

• Accessibility: Women can file complaints from anywhere, anytime.
• Confidentiality: The platform is designed to protect the identity of the complainant.
• Tracking: Complainants can track the status of their complaint.
• Escalation: If an organization fails to act on a complaint within the stipulated time, SHe-Box facilitates its escalation to relevant authorities.

While both SHe-Box and the Internal IC aim to address sexual harassment, their operational frameworks and scopes differ significantly:

• Jurisdiction & Initiation: The IC is an internal mechanism of an organization, directly handling complaints filed within that specific workplace. SHe-Box is a government portal that can receive complaints against individuals or organizations, and it can also serve as a channel for complaints that have not been adequately addressed by the internal IC.
• Process & Inquiry: The IC conducts a detailed inquiry as per the PoSH Act and Rules, involving evidence collection, witness testimonies, and a formal report. SHe-Box, in its initial stage, acts as a registration and forwarding mechanism. Once a complaint is registered on SHe-Box, it is forwarded to the concerned employer or the relevant authority (like the Local Committee if the organization has less than 10 employees or if the IC is non-functional). The actual inquiry process then typically commences with the employer's internal machinery or the designated authority.
• Timelines & Escalation: The PoSH Act specifies timelines for the IC to complete its inquiry (typically 90 days). If an employer fails to address a complaint filed through SHe-Box or if the IC's process is unsatisfactory, SHe-Box provides a route for escalation to government bodies.
• Scope of Action: The IC's recommendations are binding on the employer, who then takes disciplinary action. SHe-Box, while facilitating the process, relies on the employer or other authorities to take definitive action based on the inquiry.

SHe-Box is a crucial tool in the PoSH ecosystem, particularly in the following scenarios:

• When an organization lacks a functional IC: If an employer has not constituted an IC as required by Section 4 of the PoSH Act, or if the IC is non-functional, a complainant can directly register her grievance on SHe-Box. The complaint will then be forwarded to the relevant Local Committee (LC) as per Section 7 of the PoSH Act.
• When the IC process is delayed or unsatisfactory: If a complainant feels that her complaint lodged with the internal IC is not being addressed promptly or effectively, or if she is dissatisfied with the outcome, she can use SHe-Box to escalate her grievance. The portal ensures that the complaint reaches the appropriate authorities for intervention.
• For women in the unorganized sector: SHe-Box is particularly beneficial for women working in the unorganized sector or in organizations with fewer than 10 employees, where the establishment of an IC is not mandatory. In such cases, their complaints are directed to the Local Committee.
• As a supplementary reporting channel: Even when a functional IC is in place, some women may prefer to use SHe-Box for added assurance or due to concerns about internal processes.